Legislation on Access to Information (PNG0001)

Problem/ Issue to be addressed: Papua New Guineans do not fully participate in policy and decision making process and development activities because citizens do not have access to information and government in turn is not proactively providing information.; Main Objective: In compliance with s 51 (3) of the PNG Constitution, a specific legislation will be enacted to enable citizens/public to have access to information. The specific legislation "Access to Information Act" will enable greater participation of citizens in the management of public affairs. This will be done in reference to any other policy proposals by government.; Brief Description of Commitment: Pursuant to s 51 (1) of the Constitution it states "Every citizen has the right of reasonable access to official documents subject only to the need for such secrecy as is reasonably justifiable in a democratic society". Further in s 51 (3), it states "Provision shall be made by law to establish procedures by which citizens may obtain ready access to official information". Although the Constitution allows for "Access to Information" legislation, PNG did not enact a specific legislation allowing citizens to have access to information.; OGP Challenge address by the Commitment: OGP Grand Challenge 2, Increasing Public Integrity This commitment to enact the "Access to Information' legislation is expected to be a key instrument contributing towards transparency and accountability to build more open institutions, and generating useful public knowledge. Furthermore, it is a valuable tool to allow for greater engagement of citizens in the management of public affairs.; Relevance - Briefly describe the way in which this commitment is relevant to further advancing OGP values of access to information, public accountability, civic participation and technology and innovation for openness and accountability.: "Access to information" (ATI) is one of the central tenets of the OGP and has become a major driving force in the promotion of ATI reforms worldwide. As a cornerstone for open government policies, ATI legislation is one of the four main eligibility criteria for joining the OGP while the others Fiscal Transparency, Income and Asset Disclosures, and Public Participation. Any country wishing to participate in OGP needs to meet minimum eligibility requirements. For most countries, this includes having in place an ATI law and this directly aligns with our Commitment to the ATI legislation.; Ambition - Briefly describe the intended results of the commitment and how it will either make government open or improve government through more openness: Since 2011, countries in five continents have included more than 120 ATI commitments in their National Action Plans (NAPs), spanning from legal reforms and capacity building activities to technological developments and dissemination programs. The ATI is expected to be a key instrument contributing towards transparency and accountability to build more open institutions, and generating useful public knowledge. Furthermore, it is a valuable tool to allow for greater engagement of citizens in the management of public affairs.; Variable and Measurable milestones to fulfil the commitment: Preparatory budget and plan; Request for drafting of Freedom of Information legislation to CLRC; Technical Working Group formed from stakeholders; Issues Paper; National Consultation for Stakeholders; Consultation Draft Report completed and presented to DCI; Seminar of the report; Drafting of the Bill; Submission and vetting of the Bill for the appropriate state agencies such as State Solicitor and FLC; Minister for CI takes the Bill to NEC for endorsement; Circulation of ATI Bill after NEC notifies Parliamentary Services; First Reading; Second Reading by Minister and voting by Members; Third Reading Passing of the Access to Information Legislation; Certification of Act; Gazetting of Act; A national legislation providing provisions allowing public access to information. The proposed Act to be titled: Access to Information Act (2020)

1. Legislation on Access to Information

Verifiable: Yes

Relevant to Open Government: Yes

Potential impact: Moderate

Completion: Limited

Aim of the commitment

The purpose of this commitment was to institute legislation enabling public access to government information. Freedom of information is formally enshrined in Section 51 of the PNG Constitution. [1] However, apart from the Statistical Services Act of 1980, [2] which references provisions under Section 1c for freedom of information, there is no enabling legislation to translate the constitutional freedom of information into practice. A 2018 study of 24 state agencies found that almost 90% of state agencies did not provide information when directly requested. [3] Transparency International PNG reported that citizen access to government information was limited, and CSOs were often forced to establish relationships with government staff to obtain information. [4]

This commitment had moderate potential to increase citizen access to information. If fully implemented, the commitment could have filled a prominent gap in enabling legislation, although it did not specify which provisions it would introduce for improved access to information. The commitment also did not account for an undergirding policy framework or government capacity to respond to freedom of information requests. In terms of incentivizing disclosures, the Constitutional and Law Reform Commission (CLRC), [5] the Department of Information and Technology, and Transparency International PNG were concerned that national law enforcement lacked the capability to uphold the planned law. [6] CLRC also noted lead government agencies’ inadequate investment in moving the legislation forward, exhibited by limited participation in preparatory work for the commitment. [7] 

Did it open government?

Did not change

Legislation on access to information was not instituted, and none of the commitment’s intended milestones were started. The Department of Information and Communication Technology made an initial attempt to draft the bill in late 2019, which did not progress. During the implementation period, with endorsement from the National Steering Committee, the Freedom of Information technical working group approved development of the National Right to Information Policy (2020-2030), meant to serve as the basis for planned legislation on access to information. The Department of Information and Communication Technology developed the policy, and it was circulated for public feedback in October 2021. In 2022, efforts were underway to plan a workshop on drafting the legislation on access to information. [8] These efforts could draw on examples of how Ghana, [9] Kenya, [10] and Paraguay [11] harnessed the open government platform to support passage of similar legislation. The IRM recommends coupling active efforts to pass this legislation with training for government employees, to strengthen the institutions that will implement access to information measures.